Speech 4 December 1648, Speech (1 of 3)

Speech 4 December 1648 · Speech (1 of 3)

p. 27The substance of a Speech made in the House of Commons, by William Prynne of Lincolns Inne Esquire, on Munday the 4th. of Decemb. 1648. touching the Kings Answers to the Propositions of both Houses upon the whole Treaty, whether they were satisfactory or not satisfactory?

Mr. Speaker,

BEing called to be a Member of this House without my privity or seeking and against my judgment (having formerly refused many places freely tendered to me) by the unanimous election (without one dissenting voice) of that Borough for which I serve, and by a divine providence entring within these doors in this great conjuncture of the highest publique affairs that ever came within these wals, wherein the very life or death, the weal or ruine of this Kingdom, (if not of Scotland and Ireland too) consist in our Ay or No, upon the question now debating, I shall with the greater boldness, crave liberty to discharge my conscience towards God, and duty to my dying country, which now lies at stake: and so much the rather because [for ought I know]it may be the last time I shall have freedome to speak my minde within this House.

That I may, in this great debate more sincerely speak my very heart and soul without any prejudice, I shall humbly crave leave, briefly to remove two seeming prejudices, which may (perchance) in some members opinions inervate the strength of those reasons I shal humbly represent unto you, to make good my conclusion touching the satisfactorinesse of the Kings answers to the Houses Propositions.

The first, is that wherewith some Members have upon another occasionThe… first prejudicet the last week, and now again tacitely aspersed me, That I am a Royal Favorite [alluding to the title of one of my books, out of which some have collected an abstract in nature of a charge against the King, and this day published it in my name]and am now turned an Apostate to the Kings party and interest.

To which I shall return this short answer, [I hope without anyThe Answer there… unto. vain-glory or boasting, being thus provoked thereunto.] That I have opposed and written against the King and his Prelates Arbitrary power & illegal proccedings more then any man. That I have suffered from the King and Prelates for this my opposition, more p. 28then any man. That if the King and Prelates be ever restored to their pristine Arbitrary power and illegall prerogative, I must expect to suffer from them as much, if not more then any man.

That all the Royal favour I ever yet received from his Majesty or his Partie, was the cutting off both my ears, two several times one after another, in a most barbarous manner; the setting me upon three severall pillories at Westminster and in Cheapside, in a disgraceful manner, each time for two houres space together: stigmatizing on both cheeks: the burning of my licenced books before my face by the hand of the hangman: the imposing of two fines upon me of 50001.2 peece; expulsion out of the Innes of Court and University of Oxford, and degradation in both, the losse of my calling almost nine yeares space, the seisure of my Bookes and Estate, above eight years imprisonment in several prisons, at least 4 of these years spent in close imprisoment and exile in CARNARV AN in Northwales, and in the lsle of IERSEY, where I was debarred the use of pen, inke, paper, and all books, almost but the Bible, with the least accesse of any friend, without any allowance of diet for my support. And all this for my good service to the State in opposing Popery and Regall Tyranny; for all which sufferings and losses, I never yet received one farthing recompence from the King or any other, though I have waited above 8 years, at your doors for justice and reparations, and neglecting my own private calling and affairs imployed most of my time, studies, and expended many hundred pounds out of my purse, since my inlargement, to maintain your cause against the King, his Popish and Prelaticall party. For all which cost and labour, I never yet demanded nor received one farthing from the Houses, nor the least office or preferment whatsoever, though they have bestowed divers places of honour upon persons of less, or no desert nor did I ever yet receive so much as your publike thanks for any publike service …on you, (which every preacher usually receives for every Sermon preached before you, & most others have received for the meanest services) though I have brought you off with honor in the cases of Cant. and Macg. when you were at a loss in both; & cleared the justness of your cause when it was at the lowest ebb to most reformed Churches abroad, (who received such**Learned Giber…s Voc…ius in his Letter to Mr Walter Strickland, Agent fos the Parliament at the Hague Feb. 2 1644. writes thus of my Soveraign Power of Parliaments &c. Accept nuperrime commodato adhoras aliquot librum Guil, Prynne jam diu mi…i desideratum, & rationes cum respensionibus tam solide &…ru. dite pro Parliamentto … adversarios instructas atque explicatas deprehendi, ut non videam quid ultra desiderari possit. Debebat Tractaus ille Latine & Gallice extare, ut a Reformatis Theologi … Politicis in Europa legi possit. satisfaction fro my books, that they translated them into several languages,) & ingaged many thousands for you at home by my writings, who were formely dubious & unsatisfied. Now if any Member or old Courtier whatsoever shal envy my happiness for being such a royal or State favorite p. 29as this, I wish he may receive no other badges of Royall favour from his Majesty, nor greater reward or honor from the Houses then I have done; and then I beleeve he will no more causlesly asperse or suspect me, for being now a Royal favourite, or Apostate from the publike cause.

True it is (which it behoves me now to touch) that about 4 years since I published a Book, entituled, The Royal Popish Favorite; wherein [as likewise in my Hidden works of Darknesse brought to publique light; published a year after it] I did, with no little labour and expence, discover to the world, the severall plots and proceedings of the Iesuites, Papists, and their forraign and domesticke confederates, to introduce and set up Popery throughout England, Scotland, and Ireland, and how farre they had inveagled the K. not only to connive at, but to countenance and assist them in a great measure, more fully & evidently then any else had done. And those worthy Members of this House who drew up that Declaration whereupon they voted, No more Addresses to the King, plowed but with my heyfer, borrowing all or most of their real materials from my writings; A convincing evidence, that I am yet no more a Royal favourite then themselves. Yet this I must adde withall, to take off that aspersion, of being an Apostate from my first principles, that I never published those Books (as I then professed in them, and now again protest) to scandalize or defame the King, or alienate the peoples affections from him, much lesse to depose or lay him quite aside, though I am clear of opinion, that Kings are accountable for their Actions to their Parliaments and whole kingdoms, and in case of absolute necessity, where Religion, Laws, Liberties, and their kingdoms will else be inevitably destroyed by their Tyrannicall and flagitious practises, be deposed by them, if there be no speciall oaths nor obligations upon their consciences to the contrary, (which is our present case:) much less did I it out of any malice or revenge for the injustice I received from him in the executions done upon my person and estate, which I have long since cordially forgiven, and do now again forgive him from my soul, beseeching God to forgive him likewise: but meerly to discover his former errours in this kinde unto himselfe, that he might seriously repent of them for the present, and more carefully avoid, and detest them for time to come: and that the Parliament and whole kingdom might more clearly discern the great danger our Religion was in before we publikely discerned it, and the several wayes and stratagems by which Popery got such head and growth among us, that they might thereby the better prevent the like plots and dangers for the future by wholesom Laws and edicts, as I have more largely declared in the books themselves.

p. 30This grand prejudice against me being thus removed,The second prejudice. I proceed to the the second, to wit, that I am an enemy to the Army; and therefore what I shall speak, may be interpreted to proceed only from opposition against them, and their Remonstrance, The Answer to it.concerning which I freely uttered my suddain thoughts immediately after its reading in the House.

To this I answer, that I have alwaies been a real friend, and welwisher to this Army from their first modelling til now, in what ever they have acted in their sphear, as Souldiers for the publique safety. When they were first formed into a body, the Committee of Accompts (whereof I was a Member) & those they engaged, advanced about thirty thousand pounds of the fourscore thousand, to set them out. Since that, I have freely contributed towards their pay, prayed constantly for their good success, joined in all publike thanksgivings for the Victories obtained by them; made honorable mention of them and their heroick actions in some of my writings, and particularly dedicated one Book, I since compiled, to the General himself, (as I had done former Books to others of your Generals) for to do him all the honour that possibly I could, for his renowned Actions. Besides I have lately signed Warrants to get in their Arrears, and promoted an Ordinance for that purpose, all I could since my entrance into this House. All which considered, with this addition, that some of them have bin my ancient intimate friends, & never did me the least injury, I hope no Member can be so partial, as to report me such a professed enemy to them, as in this grand debate to go against my judgment or conscience in opposition only unto their desires. True it is when the Army have forgot their duty, or offered violence to the priviledges, Members, freedom or proceedings of Parl. or endeavoured to engage them to break their publike faith to the King or kingdom, in breaking off the Treaty, contrary to their votes and engagement, or to infringe their solemn League and Covenant, or to enforce them to subvert the fundamental Government, Laws, & Liberties of the kingdom, or the very freedom and being of Parl. as they have done in their late Remonstrance, and Declaration, and some other printed papers since, & heretofore, I have then (in discharge of my covenant, conscience, and duty) opposed and spoken against these their exorbitances, as much as any, not out of malice, but out of love, to reclaim them from their evill destructive courses and counsels, according to Gods own precept Lev. 19. 17. Thou shalt not hate thy brother in thy heart, but shalt in any wise rebuke thy Neighbour, and not suffer sin upon him. And seeing I have alwayes with like freedome opposed and written against the exorbitances and errour of the King, Court, Prelates, Parliament, Committees, p. 31Presbyterians, Independents, Lawyers, and all other sorts of men in reference to the publick good, the Army and their friends have no cause at all to censure me as their enemy, but rather to esteem me as their friend, for using the like freedom towards them, and their exorbitances, especially in this House.

Having removed these two prejudices, I shall now addresse my self to the question in debate, which hath been thus propounded,

Whether the Kings answers to the Propositions of both Houses taken altogether upon the whole Treaty,The Question. be satisfactory or unsatisfactory?

This being an equivocall question not hitherto clearly stated and debated by those who have spoken to it, most of them being much mistaken in it, I must crave leave to give you the true state of it,The Question truly stated. before I shall debate it; for which purpose I must distinguish, in what sense it is not satisfactory to any in this House, & yet in what respect it will appear satisfactory to all or most of us, who are not blinded with passion or prejudice agaisnt the King, or misled by affection meerly to please the Army, which many have made their principal argument, wherefore it is not satisfactory.

If the question be propounded and intended in this sense, Whether the Kings answers to all the Propositions be satisfactory? that is, whether the King hath granted all the Propositions sent unto him in as large and ample manner as both Houses did propound them? then it is certain, his Answers are not satisfactory, in tha which concerns Delinquents, Bishops and Bishops Lands, and the Covenant, though they are voted satisfactory as to all the rest by both Houses. And in this sense only, those who have concluded them not satisfactory, have stated and disputed the Question.

But this, under favour, neither is, nor can be the state or sense of the question, for these reasons.

First, because these Propositions were sent by the Houses to the King, not as Bills of Parliament, to be granted in terminis without debate or alteration, but only as Propositions to be debated & treated upon personally with the King, as the Votes of both Houses, and instructions to the Commissioners sent to the Isle of Wight, resolve past all dispute: now it is directly contrary to the nature of all treaties, especially such as are personall, to tie up the parties of either side so precisely, that they shall have no liberty to vary from their first proposals in any particular, or if they condescend not to what ever was at first demanded by the stronger party, that the condescensions should not be satisfactory though they yeeld to all just things, and fall short only in some few of least concernment.

p. 32This is evident by all Treaties heretofore between England, France, Spain, and other forraign Nations, if you peruse their first demands, which were never condescended to, but alwaies receded from, and qualified in some particulars on either fide, Iniquum petas, ut justum fer as, being a rule in Treaties amongst Statesmen. There have been many Treaties during these Wars, between the Officers of the Parliament and Kings party about surrenders of divers Cities and Garrisons, wherein the first Propositions on either side have been moderated or changed, and yet agreed and accepted at last as satisfactory to both sides. In all ordinary Treaties concerning Marriages, purchases, and ordinary bargains in Fairs, Markets or Shops, there are usually greater sums of money demanded at first on the one, and lesse proferred on the other side, then is accepted and given at last, and yet both parts close, agree and are ful satisfied: so may we do now with the King upon the whole Treaty, though the King grants not fully all that we at first proposed.

Secondly, because the Houses have already voted, the Kings Concessions of the Great Offices of England and Ireland to be at their disposal for 20. years, to be satisfactory; though their demand was for perpetuity: which they would not have done, had the satisfactorinesse of the Kings answers depended upon the full concession of that Proposition as amply as it is penned.

Thirdly, because the Houses in their last propositions demand farre more then ever they did in most former Treaties, and the King hath granted them more now in this then they have demanded heretofore; And therefore having granted more then what would have fully satisfied them in former Treaties, his Concessions in this may be fully satisfactory to us, so far as to close with him, to settle a firm peace in the Kingdome (now at the brink of ruine) though they fall short in somethings which we now propounded.) which do not much concern our security, as I shall prove anon. The true state then and sense of this Question must be this, and no other.

Whether the Kings finall Answers to the Propositions of both Houses in this Treaty,The Question truly stated. considered and weighed all together, be not so full and satisfactory in themselves, that this House may and ought to accept of and proceed upon them, for the speedy settlement of a safe and wel-grounded Peace, both in Church and Common-wealth, rather then reject them as unsatisfactorie, and so hazard the life of all, and the perpetuating of our wars and miseries?

In this sense, I humbly conceive and hope to evidence them so clearly & fully satisfactory, that we can neither in point of duty, prudence, p. 33justice & honor, or conscience reject them as unsatisfactory, but ought to imbrace them, as the only safe & ready way to our peace and settlement, though they come not up so fully to some of our Propositions, as I could have heartily desired, for the avoiding of this hazardous debate. For my clearer progresse in this grand debate I shall observe this method.

First, I shal clearly manifest, that the King in this Treaty hath granted us whatsoever we can wel desire for the present settlement & future security of the Common-wealth or state, when ratified by Acts & a regal oath, as is intended; yea, far more then ever our Ancestors, or any Subjects in the christian world enjoyed or desired of their Ks. for their security & preservation against their armed power, or legal prerogatives.

Secondly, That the King hath granted as much in this Treaty, as will settle and secure the Peace and Government of our Church and Religion against Popery and prelacy on the one hand, and prophanenesse on the other hand; and more then we or any Protestant Churches ever enjoyed, or demanded heretofore for their security and settlement.

When I have made good these particulars and answered the Objections made against them; I hope every one of us, who have any ingenuity, reason, or conscience in their brests, and are not transported with passion, or private engagements to the contrary; will, and must of necessity vote these Answers satisfactory in the sense forestated.

I shall begin with the first of these; namely, the Kings Answers to all these Propositions which concern the present settlement, and future security of the State and Republike against any armed force, or invasions of the Regall Prerogative, to the enslaving or prejudicing of the Subject; which in my poor judgement are so full and satisfactory, that little or nothing can be added to them; and if we well consider them, we have cause to say; O fortunati nimium bona si sua norin…! I shall give you a full view of them all, because many of them have not been so much as once remembred in this debate, and apply them to our present settlement, and future safety, as I mention them.

The first Proposition, for the settlement of a safe and wel-grounded Peace, The first Proposition fully granted; and the benefits ac…ing to us ther… by.is that which concerns the justification of the Parliaments War, declaring it by an Act of Parliament to be passed, to be in their just and lawfull defence: justifying the Solemn League and Covenant in prosecution thereof: and repealing all Oaths, Declarations, and Proclamations heretofore had, or hereafter to bee had against both or either Houses of Parliament, their Ordinances or proceedings, or against any for adhering unto, or executing any Office, Place, or Charge under them, and all Judgements, Indictments, Outlawries, Attainders, & Inquisitions p. 34in any of the said causes, and all Grants thereupon made, had, or to be made or had, to be declared null, suppressed, forbidden, and never put into execution. And this to be published within all Parish Churches, and all other places needfull within his Majesties Dominions.

To this proemiall and advantagious proposition, the King hath fully and readily condescended at first, in every tittle, as was desired.

By this concession, the Parliament hath gained sundry considerable advantages, tending to their present honour and future security.

First, a full publick acknowledgment of the justnesse of their Warre and Cause, to be ratified and perpetuated to posterity by the highest record that can be, an Act of Parliament, and that to be read in all Parish Churches throughout England, Ireland, and other the Kings Dominions; and proclaimed in all Counties, Cities, Corporations, and at Assizes and Sessions of the peace; that so all men may take publick notice of it. Which is such an honour to, and justification of them and their Cause, as was never condescended to by any King that took up arms against his Subjects since the creation to this present: and so low a humiliation and Legall disclaimer in the King of his Warre against the Parliament, and disavowing of his Cause and Party, as could possibly be imagined or expected.

Secondly, It secures the Lives, Liberties and Estates of all the Members of both Houses engaged in these Wars, and of all persons whatsoever that have adhered to, or acted for them, against all former, present, and future Impeachments, Prosecutions and Judgments whatsoever; and makes void and nul, what ever hath been, is, or may be objected against them. Which coupled with the Act of Indempnity and Oblivion, proposed by the King, and agreed to by the Houses, wil extraordinarily secure, pacifie, & content all wel-affected Members, and persons who have adhered to them in this Cause, and preserve them from the danger of 25 E. 3. and other Laws concerning Treasons, which otherwise upon any revolution of times and affairs, might by corrupt Judges and Instruments be extended and rested to their prejudice aud undoing.

Thirdly, it laies a foundation for the lawfulnesse of a defensive War by Authority of both Houses, upon the like occasion, in all future ages, without incurring the guilt of Treason or Rebellion; which will be a great encouragement and security to the Subjects, and engagement to them to adhere to the Parliament in after-times.

Fourthly, It wil very much discourage and deter all kind of men from taking up Arms in the Kings, His Heirs and Successors behalfe, against the Houses of Parliament, when they shal cast their eyes upon this Act p. 35and behold the King himselfe passing such a censure upon all his own proceedings, and retracting his own Oaths, Proclamations, Commissions, Inditements, Grants, against such Members & all others who have now taken up arms against him, for the Houses & Kingdoms defence.

So as this very first Proposition only, if well weighed, without any others added thereunto, being so fully and freely consented unto by the King, tends very far towards our present settlement and future safety, being more then was ever thought of, or desired in the Treaty of Peace, in February and March, 1642.

The second Proposition fully granted by the King for the setling and securing of the State and Religion too,The Militia fully consented to, and the Kingdoms advantage and security thereby. against the Kings armed power, is the setling of the whole Militia by Sea and Land, and Navy of England, Ireland, and the Isles and Dominions thereunto belonging, by Act of Parliament, in the hands and disposall of both Houses, and such as they shall appoint, for the space of twenty years: with power to raise moneys for all forces raised by them for Land or Sea service, during that space or time; which forces are authorised to suppresse all forces raised or to be raised in, or any forraigne forces which shall invade the Realms of Engl. Ireland, or the Dominions and Isles thereunto belonging, without Authority and consent of the Lords and Commons in Parliament: And it further provides, that after the expiration of the said 20. years, neither the King, his heirs and successors, nor any person or persons, by colour or pretence of any Commission, power, Deputation or Authority to be derived from the King, his Heirs or Successors, or any of them, shall raise, array, train, imploy or dispose of any of the forces by Sea or Land of the Kingdomes of England and Ireland, the Dominion of Wales, Isles of G…ernsep and Iersey; or of Barwick upon Tweed, nor execute any power or authority touching the same, invested in the two Houses during the space of twenty years, nor do any thing or Act concerning the execution thereof, without the consent of the Lords and Commons first had and obtained. And that after the expiration of the said twenty years, in all cases wherein the Lords and Commons shall declare, the safety of the Kingdome to be concerned, and shall thereupon paffe any Bill for the raising, arming, training and disposing of the forces by Sea and Land of the Kingdomes, Dominions, Isles and places aforesaid, or concerning the leavying of moneys for the same, if the King, his Heirs and successors shall not give the Royall assent thereto, within such time as both Houses should think conveent, that then such Bil or Bills after Declaration made by the Lords & Commons in that behalf, shall have the force and strength of an Act p. 36or Acts of Parliament, and be as valid to all intents and purposes, as if the Royal assent had been given thereunto.

After which it disables any Sheriffe, Justice of the Peace, Majors or other Officers of Justice, to leavy, conduct, and imploy any forces whatsoever, by colour or pretence of any Commission of Array, or extraordinary command from the King, His Heirs or Successors, without consent of both Houses. And concludes, That if any persons to the number… of 30 shall be gathered together in warlike manner, or otherwise, and not forthwith disband themselves, being thereunto required by the Lords and Commons, or command from them, or any other specially authorized by them, that then such person or persons not so disbanding, shall be guilty and incur the pains of High Treason: any Commission under the great Seal, or other Warrant to the contrary notwithstanding, and be uncapable of any pardon from His Majesty. His Heirs and Successors, and their estates disposed of as the Lords and Commons shall think fit.

To all this new grand principle security of our present and future peace and settlement, the King hath given his full and free consent in terminis. And what greater security then this wee can imagine or demand against the Kings armed power and sword of War, transcends my capacity to imagin. Therefore if we have not lost our brains and consciences too, we cannot but vote and conclude it satisfactory, and restabundantly contented with, yea exceeding thankful for it. And that upon all these ensuing considerations.

First, both Houses in their Treaty with the King in February, and March, 1642.**An Exact Collection, p. 88, 89, 9…, 909. &c. demanded only the Militia of England not of Ireland, yet so, as they did leave the Nomination and disposing of the chiefe Commanders, Officers, and Governors of the Militia, Forts and Navy of the Kingdome, to the King: provided only they might be such persons of honor and trust as both Houses might confide in:A Collection of all the publik Ordinances, &c pa. 49, 50, 51, 57, 58, 77, 84. and likewise promise restitution of all Moneys, Forts, Garrisons, Arms and Ammunition of the Kings which they had seized upon, or to give him present satisfaction for the same; which being granted and performed, they professed, it should bee their hopefull endeavour, that His Majesty and His people might enjoy the blessing of Peace, &c. and be derived to Him, and to His Royall Posterity, and the future Generations in this Kingdome for ever. Whereas in this Treaty the King denudeth himselfe of the Militia of England, and Ireland too, and of the Nomination and approbation of all Officers, Commanders, Governors of the Militia, or forces by Sea or Land; and leaves all the Forts, Navy and Magazines only to the Houses disposall, without p. 37any compensation for his Magazines or Armes formerly seized by them. And if far lesse was deemed sufficient for our settlement and security then, much more will all this be thought so now.

Secondly, Because the King hath wholly stript Himself, His Heirs and Successors for ever, of all that power and interest which His Predecessors alwaies enjoyned in the Militia forces, forts, Navy, not only of England, but Ireland, Wales Iersey, Garnsey, and Berwick too, so as He and they can neither… raise nor arm one man, nor introduce any forraign forces into any of them, by vertue of any Commission, Deputation, or authority, without consent of both Houses of Parliament, and hath vested the sole power and disposition of the Militia, Forts and Navy of all these, in both Houses in such ample manner, that they shall never part with it to any King of England, unlesse they please themselves. So as the King and His Heirs, have no military power or authority at all left, to injure or oppresse the meanest Subject, much lesse the whole Kingdome, or Houses of Parliament, had they wills to doe it; and the Houses having all the Militia by Land and Sea, not only of England, but even of Ireland, Wales, Garnsey, Iersey and Berwick, to assist and secure them in case He or His Heirs should attempt to raise any domestick, or introduce any forraign force against them, is so grand, so firm a security in all probability, for insuring and preserving of our Peace, Religion, Lawes, Liberties, Lives, and Estates, against regall force and tyranny, that none of our Ancestors ever demanded or enjoyed the like, nor no other Kingdome whatsoever since the Creation, for ought that I can find in Histories or Republicks (who have perused most now extant to do you service) and such a selfe-denying cond…sconsion in the King to His People, in this particular, as no age can president.

In the 17 year of King Iohn, the Barons having by force of Armes,**See Matthew Paris, Matthew Westminster, Hollinshead, Speed, Daniel in his life. compelled him to confirm the great Charter at Runningmead, near Windsor, thought this their greatest security, that 25 of the eminentest Barons should be made Conservators of the Magna Char. and that all the rest of the Barons and people should take an Oath to be aiding and assisting to them in their preservation thereof; and that the King should surrender into their hands his four principall Castles, that so it he infringed his Charter, they might compell him to observe it. This was the highest Militia, and security of that kind our Ancestors ever demanded or enjoyed; (which is nothing comparable unto that now granted us by the King,) who rested satisfied therewith.

3. Because the King and his successors are hereby not only totally disabled to raise any forces to oppresse the people, or disturb their peace, p. 38and settlement, but all persons discouraged from aiding or assisting them by any Commission or authority whatsoever, under pain of high Treason, and losse both of life and estate, at the pleasure of both Houses, without any benefit of pardon from the KING, disabled for to grant it. So great a discouragement for any persons of fortune or quality, to appear for the King or his party in the Field for time to come, that in all humane probability, none ever will or dare to appear in arms hereafter for the King, against the Parliament, being sure to forfeit all without any hopes of pardon. And if this Act had been passed as a Law before our Wars, I dare presume not any one English Lord, or Gentleman durst once to have appeared in the Field for the King, and wee had never felt the miseries of a civill War.

Fourthly, Because the Militia of Ireland, Ier…y, Guernsey, and Wales as well as England, is wholly transferred from the King, to the Houses, so as we need fear no danger thence; and the Militia of Scotland being in their Parliaments disposall, if wee hold a Brotherly correspondency with them, I know no other enemies we need to fear; for the Navy being in the Houses power, wee need not fear any forraigne invasion that can hurt us, if we can agree at home.

All which considered, I dare assert, we have now the greatest security of any people under Heaven against all armed regall force and power, the King having given up all his Military power into the Houses actuall possission,The King hath granted the Houses for 20 years the disposing of all great Offices, Civill, Judiciall, and Military for twenty years both in England and Ireland. The security and consequences thereof. and resigned his Sword and Armes into their hands. And if we refuse to accept it now he so freely resignes it, we may fight till doomesday, but never win nor hope for the like security or advantage; yea the present age and all posterity will curse and abhor us, for not embracing, and resting satisfied with such unparalleld security.

But is this all the security the King hath granted us in this Treaty? No verily: there is yet much more behind, which hath not yet been opened. The Kings of England, have alwaies held two swords in their hands, which when ill managed, have hurt & destroyed their Subjects. The first is the sword of Mars, in times of War, which is already sheathed, and resigned into the Houses hands by the precedent concessions, so as it can never wound them more. The other is the sword of Iustice in times of Peace; and this likewise the King hath wholly given up into the Houses power, for twenty years, as he hath the Militia; so, that it can never hurt them nor any English man or other Subject hereafter, at least for twenty years.

This sword was formerly intrusted by the King in the Judges and great Officers hands… had they been so couragious, so upright as they p. 39should, the King could never have wounded or ruined the meanest of his Subjects with this Sword. Shipmoney, Kingh…hood, with other Grievances & Monoplies, neither would nor could have been imposed on the people by the Kings Prerogative or power, had the Judges, according to Law and duty, declared them illegall. The Kingdome can do no injustice to any, it his Judges be so just and stout as to do justice. Whereupon this House impeached only the Judges, not blamed the King, for the project of Shipmony, to which their opinions in Mr. Hampdens Case, gave life & vigor. Now the King in this Treaty, hath for twenty yeeres at least, granted to both Houses the nomination and appointment of all the Great Officers, Civill or Military, and of all the Judges and Barons of his Courts and Exchequers within England and Ireland, to continue in their places only, quom diu bene se gesserint. So as these great Officers & Judges having now no dependence at all upon the King, who can neither place nor displace any of them, but wholly upon the Houses of Parliament, and such as they shall appoint to nominate them in the Intervals of Parliament; if the Houses have a care to make good Officers and Judges in all Courts at first; and to displease and punish them (as they may and ought to do) when they degenerate, or misdemean themselves, the King with all his legall power now left him, can neither injure nor oppresse the poorest Subject in body, goods or, Estate; nor protect the greatest malefactor from justice. And what more can we desire to expect for the security of our lives, liberties, or estates than this?

Besides, as the… King hath intrusted you with the Sword and Courts of Justice and Revenue, so hath he with his Conscience and Courts of Equity too: You have the nomination of the Lord Chancellours, Lord Keepers, and Commissioners of his great Seals of England and Ireland, of the Chancellours of the Exchequer and Dutchy, and Masters of the Rolls, as well in Ireland as England, who are the Dispensers of his Equity & Conscience to his Subjects, the Issuers of al his Commissions, Writs, Patents, and keepers of all his publique Records. If this be not enough, you have the disposall of his purse, and Treasure too: The nomination of the Lord Treasurers both of England and Ireland, of the Chancellours and Barons of the Exchequers in both, and of the Vice-Treasurer and Treasurer of Wars in Ireland. Would you have yet more? You have the nomination of the Lord Deputy, and chief Governour of Ireland, and of all the Presidents of the severall Provinces of that Kingdome for twenty years, and of all other forenamed great Officers, Judges and Treasurers there; a great strength and reall addition to the Militia of that Kingdome, which can never doe us harm, if we accept p. 40of these concessions, which invest us in such power there, as no Parl. of England ever yet expected nor laid claim to. What is there yet remaining for your safety? Perchance you will suspect, the King may have many secret designs and intercourses with forraign enemies and States, and grand Malignants at home, to undo all, which we shall never discover without some further provisions then yet we have made. Truly no: you have a remedy already provided and granted for this; The nomination and appointing of the Lord Warden of the Cinque-ports, the principall gates to let in, or keep out Forraign Enemies or Spies; and of the Secretaries of State, who will be privie to all his Maj. secrets and transactions of publick concernment, receive all letters of intelligence directed to him, and most commonly return all Answers to them. There is now but one thing more wanting to make this security compleat and firm, the Kings Great Seals of England and Ireland, the greatest Regall Assurance & confirmation he can give you; and of these you have both the custody and disposal, having the nomination & appointment both of the L. Chancellors, L. Keepers, and Commissioners of the Great Seal in England and Ireland. To summe up all these Grants together; Some Parliaments in former times have had the nomination of the Lord Chancellor, some of the Lord Treasurer, some of the great Iusticiar or some few Judges of England only: But never any Parliament of England claimed or enjoyed, the nomination and appointment of any the Great Officers, Barons, Iudges, or Treasurers places in Ireland, nor yet of the L. Warden of the Cinque-Ports, Chancellors of the Exchequer and Dutcby, Secretaries of State, Master of the Rolls, or Bar…ns of the Exchequer of England; yet all these the King for peace sake hath parted with to us; and shall we be yet so froward and peevish, as not to be satisfied with all those Offices? We have a long time mocked and abused the world, with a self-denying Ordinance, disabling any Member to retain or receive any Civill or Military Office, by grant from the Houses, whiles he continces a Member; though there is scarce one day, or week at least doth passe, but we are still bestowing some place or Office upon Members, for which we are weekly censured and reviled in printed Pamphlets, and become odious to the Kingdome. But here is a self-denying Act and Ordinance in good earnest, in the King, in parting with so many Offices, (of which He and his Predecessors have had the sole disposall for some Ages without interruption,) to the Houses; & shal we not yet rest satisfied? If not, what will the whole Kingdome, what will all forraign Kingdoms and Nations report of us? but that we are so foolish, so unreasonable, that nothing can or will content p. 41us, because we are resolved not to be content with any thing that the King shall grant us, be it never so advantagious for our present or future safety, and settlement.

But seeing we have the disposall of all these Officers in England and Ireland, both Military and Civill, of his Sword of War and Peace, his Justice, his Conscience, his Purse, his Treasury, his Papers, his publick Records, his Cabinet, his Great Seal, more then ever we at first expected or desired: I must really for my owne part, professe my selfe abundantly satisfied with these Concessions, and so must every one who hath so much judgement, as to understand the latitude & consequences of them for the whole Kingdomes, and dying Irelands safety, settlement, especially at this season, when they are so neer their ruin.

To this I shall adde another grant of great concernment for the Peace and safety of this Nation, which the King hath fully consented to in this Treaty, and I presume no Member of this House will rest unsatisfied therewith, when he fully understands it.

Both Houses of Parliament upon the Lord Keeper Littl…tons deserting of the House, and conveying away the Great Seal;The King hath confirmed the new Oreat Seal, & all that hath passed under it, nulled the old, aud what ever passed under its authority since its carrying from the Houses. were pleased for the better distribution of Justice, and transaction of the great Affairs of the Realm, to appoint a new Great Seal to be made. The Ordinance for its approbation and use sticking long in the Lords House, who were somewhat doubtfull in point of Law, I thereupon compiled and published a Treatise, intituled The opening of the Great Seal of England, which fully satisfied them, and opened the doors to let it out, for publick use, though some who have had the custody of it (as Mr. Speaker knowes) have but ill requited Me for this my pains & good service. Many Grants, Commissions, Presentations, Writs, Processe, Proceedings, and other things have passed under this Great Seal, (and some Patens for Offices and Bishops Lands, to Members of this House, who differ in opinion from me, and yet would be glad to have their Patents confirmed by an Act of Parliament.) The King in this Treaty, hath not only consented to ratifie all the Grants &c. that have passed under this new Seal, by Act of Parliament; and to enact them, to be as effectuall to all intents & purposes as if they had passed under any other Great Seal of England heretofore used, but to continue it to be used hereafter for the Great Seal of England, and hath likewise so farre disclaimed his old Great Seal from the day it was carried from the Parliament, that he is content, to make and declare all Grants, Commissions, Presentations, Writs, Processe, Proceedings and other things whatsoever passed under, or by any Authority of any other Great Seal, since the 22 of May 1642. To be p. 42invalid and of no effect, to all intents and purposes; except one grant to Mr. Justice Racon, to bee Judge of the Kings Bench, and some other Writs, Processe and Commissions mentioned in that proposition: And he hath further yeelded, That all Grants of Offices, Lands, Tenements, or hereditaments, made or passed under the great Seale of Ireland, unto any person, persons, or body politick, since the Cessation in Ireland, the 15 Septemb. 1642. shall be null and void, with all Honours and Titles conferred on any person or persons in that Realme since that Cessation.

By this Concession the Houses of Parliament and their adherents, have gained these extra ordinary advantages, most of them not to be paralleld in any Age of King, from Adom till this present.

First, an acknowledgement of both Houses Authority to make and use a new great Seal of England, without the King, in cases of extraordinary necessity.

Secondly, a power in the Houses to null and voide the Kings usuall Great Seal upon the making of their New, and conveying the old Seal from the Houses without their consent.

Thirdly, a ratification of all Judiciall and Ministeriall Acts, Writs, Processe, presentations, Grants, Decrees, Commissions and other things which have passed under the New Seal since its making till this present; which tends much to the qulet and settlement of many mens Estates; to the confirmation and justification of all legall proceedings in all Courts of Justice, and at all Assises and Sesstons of Peace, held by vertue of Commissions under this Seal, and of Justices appointed by it (whose authority and proceedings might else hereafter prove disputable, and bee drawn into Question:) and to the fight constitution of the Parliament it selfe, many Members of this House being elected, and some Members and Assistants of the Lords House being called thither, by VVrits under this New Seal.

Fourthly, an absolute disavowing and repeall of all Commissions whatsoever, or other things passed under the old Great Seal, against the Parliament or its proceedings, and an exposing of all those of the Kings Party, who have acted any thing by any Commission or Authority under the Seal against the Parliament, to publick Justice, who cannot plead it in Barre or excuse in any Court, after it shall be nulled and repealed by an Act.

Fifthly, a great disparagement, dishonour, and disadvantage to the English Cavaliers, Irish Rebels, and their cause and proceedings, with a future disingaging of them and al their Party from the King and his interest, p. 43who hath so far dishonoured, deserted, and disclaimed them, as thus to null and repeal all Honours, Titles, Grants of Offices, Lands, or Tenements bestowed on any of them, for any services done, or Assistance given by them to the King in his Warres against the Parliament: A very high point of humiliation and self-deniall in the King, and such a blow to his Popish and Malignant party, that I dare presume they will never engage in his behalfe, nor trust him for the future: which will much conduce to the settlement of a firm and lasting peace, and prevent new VVars, if accepted of.

6ly. Indempnity and security for all the Commissioners of the new Great Seale, against all scruples which may arise upon the Statute of 25. E. 3. for using and sealing with it, if ever the times alter: which every prudent man will readily embrace, where it is freely offered, and not peevishly reject, in such an age of danger and incertainty as this, in which no man is secure of his life, liberty, or estate on either side.

The next Concession of the King in this Treaty is this: The Repeale of new Peers and other Honours granted by the King, with the consequence thereof.That by Act of Parliament, all Peeres made since Edward Lord Littleton deserted the Parliament, and convey…d away the Great Seale on the one and twentieth day of May 1642. shall be Vn-Peer'd and set by. And all other titles of honour, and precedency (as Lordship, Knighthood, and the like) conferred on any without consent of both Houses of Parliament since the twentieth of May, 1642. shall be revoked and declared null and void to all intents, and never hereafter put in use. And that no Peere who shall be hereafter made by the King, his heirs or successors, shall sit or vote in the Parliament of England without consent of both Houses of Parliament; This Concession of the Kings is of great concernment to the Kingdome, and I conceive, without president, or example in any age or King in the Christian world.

First, it secures us from our formerly feared danger of a designe in the King, by new created Peers, to make an over-ruling party at any time, in the Lords House, wherein the Iudicatory of the Parliament principally consists: which danger and inconvenience, by secluding the Bishops out of that House by an Act already passed, and by this disabling all new Peers hereafter to be made, to sit in that House without consent of both Houses, is for ever totally prevented.

Secondly, It gives such an extraordinary new power to the House of Commons, as they never formerly enjoyed or pretended to; to wit, that no Peer created by the King himselfe, or by the King or Lords in Parliament, (who usually created Peers in Parliament without the Commons privity or consent in former times) shall be henceforth inaabled. p. 44to sit or vote as Peers of Parliament, but by consent of the House of Commons as well as of the King and Lords. By which provision, the Commons are made not only, in some sense, the Judges of Peers themselves (which they could not try or judge beforeby the expresse letter of Magna Charta chap. 29. and the**Sec Cook! n…stitures on Mag. Cha. cap. 29. Common Law) but seven their very Creators too.

Thirdly, It is an extraordinary prejudice and blemish on the Kings cause, and an extream dishonour, dissatisfaction & disengagement upon his own party, then which a greater cannot be imagined. For what higher affront or disgrace could the King put upon those Nobles, Gent. & others who have spent their estates, lost their blood, limbs and adventured their very lives in this cause against the Parliament, and received no other reward for it but an empty title of honour [perchance a Kightship, Lordship, or the bare title of a Marquesse, Earl, or Viscount, which they have enjoyed but a year or two, with little benefit and lesse content,] to be thus by Act of Parliament with the Kings owne Royall assent, (who conferred those titles on them for their gallant services in his behalfe) thus suddenly degraded and divested of them all, as if they had never been? A perpetuall brand to them & their posterity, who must be inforced to give place to such of whom they have had precedency & place by vertue of these dignities. Which high affront and scorne, I am verely perswaded, will pierce and break many of their own, at least their Ladies hearts, and for ever disoblige them in the highest degree.

4thly, It will make all the ancient and new Nobility and Peers of England lesse dependent on the King, & lesse complying to serve his ends upon all occasions, being never able to gratisie or reward them (though never so ambitious) with any new Honours or Peerships, without consent of both Houses of Parliament, whom they dare not displease, or disoblige, for fear of crossing them in their desired dignities and titles, as well as in their great Offices, which are both now in their disposall not in the Kings alone.

In brief, the King in his Concession, hath manifested the greatest humiliation and self-deniall, that any King since there was a Kingdome in the world hath done. It is, and hath been the ancient and undoubted prerogative of all Kings in the world, but especially of the Kings of England, to conferre honours & dignities of all sorts (especially Knighthood) on whom they shall think meet, and more principally on those who have merited it by their gallantry in the field; as Mr. Selden proves at large in his Titles of honour, and others who have written of that Subject. Now for the King out of a desire only of a happy peace p. 45and settlement, not onelyonly to part with much of the Royall Prerogative which all other Kings in the world enjoy for the future, but to repeal the Honours and Titles conferred by him on his adherents, for reward of their services in times past, during all these wars, is such a miracle and high degree of selfe-deniall, as no age hath produced the like, and that which most of this house, had the King prevailed, would have rather lost their lives (had they conferred any such Titles on their Generalls and Commanders) then have condescended to, should the King require it: And therefore I cannot agree with those over-censorious Gentlemen, who so oft inculcate this, that they can see no humiliation at al or change of heart in the King, when I find so great a change, and deep a humiliation in Him in this, and all other forementioned free Concessions, without any or little hesitation; and I heartily wish their owne hearts were as much humbled as his, and then I doubt on: but they would thankfully embrace, & rest fully satisfied with his concessions for their owne and the Kingdomes benefit. The next proposition tending to the peace and settlement of the Kingdome is this.

That the King do give his Royall assent to such Act or Acts for the raising of moneys for the Parliament,The proposition for raising moneys for payment of publike debts, artears, &c. granted; with its benefits & satisfying of the publique Debts and Damages of the Kingdome, and other publique uses as shal hereafter be agreed on by both Houses of Parliament. And if the King do not give his assent thereto, then it being done by both Houses, the same shall be as valid to all intents and purposes, as if the Royall assent had been given thereunto. To this Proposition the King hath condescended, so as those Acts be passed within two years after the Treaty ended: which the Houses have now voted to be satisfactory.

This Proposition secures all moneys lent upon the publike faith: all arrears due to Officers & souldiers, yea all moneys advanced by any who have purchas'd Bishops lands, for their losses by reversions after 99 years or any present rents, to be reserved to the Crowne for the use of the Church, (with which those Members who have purchased such lands or advanced moneys upon them, declare themselves most unsatisfied) & all those who have sustained publique losses. Yea, if the King denies his royall assent thereto, it enables both Houses, to make a valid Act of Parliament without the King in this case, and in case of the Militia likewise, which was never challenged by, nor granted to both Houses in any Kings Reign before; & takes away the Kings Negative voice as to these particulars: which those who conclude the Kings answers unsatisfatory, have so much contended for, yet now stand in their own light, in not accepting of these Concessions as satisfactory, and striking at the Negative voice.

p. 46The next Concession of the Kings for the settlement of the State,The court of Wards aud Tenures in Capite &c. abolished: with the advantages. is the taking away of the Court of Words, and of all Wardships and Tenures in Capite, or by Knights service, which draw on Wardships, Primer seisures, liveries, and such like incombrances, to the intolerable vassalage and prejudice of the Nobility and Gentry of England, and great landed persons, and that only upon giving the King and his successors one hundred thousand pounds yearly for compensations, being one principall part of his Royall Revenue.

This Concession is of so vast consequence to the Kingdome, to enfranchise the Subjects from the Norman yoak of bondage (as some stile VVardships and Tenures in Capite, though others deem them more ancient then William the Conqueror) that our Ancestors never enjoyed the like: It exempts mens heits under age, and their estates from being made a prey for hungry Courtiers, or over-reaching Committees of them & their estates: It exempts them from being married to any against their free consents, without any single or double forfeiture of the values of their marriages, to which they were formerly liable; from marriages to persons of small, or no, or broken fortunes, and different dispositions, which have ruined many families, from many chargeable suits, expences, & excessive fees & gratuities to Escheators, Feodaries & all sorts of griping Officers in the Court of Wards, and from vast expences and extraordinary vexation in finding, and traversing Offices, suing out Liveries &c. and many suits and questions arising thereupon, which have undone too many: And it deprives the King of such an over-awing Prerogative over the persons and E…tates of the Nobility and Gentry, which usually fell into his custody after every Tenants decease, as will very much weaken his interest in, and their over much dependence on him, and make them lesse subject to engage for, or with him against the Parliaments or Kingdomes common interest.

The next Proposition relating to the Kingdomes safety and settlement,The Proposition concerning Delinquents how sarre granted even to satisfaction. not so immediately and directly as any of the former, is that which concernes Delinquents: in which alone (as to the State) the Kings answers are pretended unsatisfactory, not in all, but only in some particulars, of no extraordinary concernment in my apprehension, though so much insisted on by many, as to vote all the Treaty unsatisfactory. In opening the state of the Kings Answers to this proposition, I shall doe these 3. things: First I shall shew how far the King and you are both agreed. 2dly, In what particulars you really or seemingly differ. 3dly, I shall examine, whether these differences herein be of any such moment, as to induce the House to vote, the answers to this and the other Propositions p. 47upon the whole Treaty unsatisfactory, and so reject and lose whatever the King hath granted in the rest, because he hath not satisfied our demands in this one, and two others concerning the Church.

For the first, both Houses by their Votes, have thought this Proposition touching Delinquents, so needless to beinfisted on in every punctilio, for the publick settlement [which will certainly more obstruct then promote it, merey & moderation being the nearest way to peace, and union] that you have reduced, since the Treaty, the persons excepted in the first qualification both from life & composition, from 37 to 7 only: six of those are beyond the Seas, quite out of your power, the 7th, aged, scarce worth your Execution. The King consents that they should be banished during the pleasure of both Houses, which is a civill death, banishment being next to death, the severest punishment, and to some men, more grievous then present Execution. But if that will not satisfie, then he leaves them wholly to your justice, to proceed against them, if you please, according to Law, and promiseth not to interpose, nor pardon any of them if legally condemned; only he adds ex abundanti, that he cannot in justice or honor, assent to any Act, to take away their lives by a meer Legislative Power, ex post facto, if they have done nothing that was formerly capital by the known Laws of the Land, by which Hee leaves them to be tryed. This Answer many Gentlemen who have spoken, have coucluded very unsatisfactory, and made many large descants on it, because they did not rightly weigh nor understand it; when as in truth, it Answers the very Proposition in terminis: as I shall clearly manifest to all who understand what Law is.

First, it is apparent that one of the first quarrels and cause of taking up Arms on our parts, was to bring Delinquents to condign punishent, according to the Laws and Statutes of the Realm, as you have declared to the Kingdom in many printed Declarations, and in your Petitions to the King, you alwayes desired him, **Exact collection p. 464. 585 619. 631. 633. 908.to leave Delinquents to the course of Iustice; not to cut them off by a meer Legislative Power, when as you could not doe it by any known Law.

Secondly, you have professed to all the World, and to the King and Delinquents themselves, that you have taken up Armes to defend and preserve the Ancient fundamentall Laws and Liberties of the Kingdom, and to oppose the introduction of any Arbitrary and Tyrannicall Power; Yea, your selves and the Army likewise, have declared against all extraordinary proceedings and tryals in the Lords House to fine or imprison without any indictment, or legall tryall by Jury or Verdict according to Magna Charta, and the Common-Law. Therefore your p. 48bringing Delinquents to punishment for Life and Estates, which in the first branch of this Proposition must be intended only of a just and Legall TRYALL (as your selves have alwayes professed) not by a new Law in the post: And if so, then the King, in case you will not rest satisfied with the seven excepted persons banishment, is content to leave them to your Justice, even for Life and Estate, according to the known Laws of the Realm, and will no wayes interrupt your proceedings therein, nor pardon them. Therefore in this he fully consents to the Proposition.

But it hath been objected,Object. First, that the King denyes to yeeld them up to Justice, or to have any hand in their prosecution; and therefore his Answer is unsatisfactory. Secondly. That this expression, That he ca… neither in Iustice nor honour consent to any Act for to take away their Lives or Estates, is as high a justification of them and his own cause, as possible, and contradictory to the first Proposition, and declares the Kings heart to be still in the same and unchanged.

To which I Answer:Answ. First, both these are so grosse mistakes and inconsequences, that I wonder how any intelligent man can insist upon them: For first, the King in positives terms, if you will not accept of their banishment, yeelds them up to a Legall tryall, in which himself must be the Prosecutor, the Indictment being in his name, the prosecution at his suit by his Counsell at Law, and the Witnesses produced on his behalf, as all men know, who understands what belongs to a Legall tryall. Therefore to infer from the Kings Answer, that he disclaims all prosecution of them, is direct contradiction and falsehood.

Secondly, the Kings very condesconsion to their banishment and forfeiture of their Estates for adhering to his Cause and putting them upon their legall tryall, is an express disavowing of his own cause as just, and an acknowledgment of its badnesse and illegality; and if the Parliament should yeeld up those who have acted for and adhered to them to banishment, confiscation of Estate, and legall tryall for their lives, I am certain the Objectors themselves would protest, that therein they had betrayed their righteous Cause, and deserted their best affected friends. Thirdly, Expressum facit cessare tacitum: the King having in direct terms, justified your Cause and War as just, in the first Proposition, acknowledged those persons exempted in this, and treated for under the very name & notion of Delinquents, to be such, in this very Proposition, and consented to their banishment and losse of Estate, cannot without apparcht absundity be averred to justifie them and their Cause in this his Answer, which yeelds them up to the strictest legall Justice, as Delinquents. p. 495ly, Those words of the King [so much excepted against] that he can neither in honour nor justice, consent to any act to take away their lives, who have acted any thing by his command, used and intended by him only in relation to his regall consent to a new Law to condemn them, ex post facto, where there was no Law before, are so farre from any exception, that for my part I should have held him neither just nor honourable had he omitted this expression. For can it be just or honourable for a King, to engage men in his service by special Commission or Command, when there is no known Law to make their obedience criminall, and yet afterwards to give his Royal consent to a subsequent Law to take away their lives, & forfeit their estates for obeying his own Royall commands? Suppose we were now in the Kings condition and he in ours, and he should press you to consent to a new Law, to make all those who have acted for you and by your Commission in this war, Traytors, and to lose their lives and estates for it, when there was no former Law to punish them, would you not all give the self same answer as he doth, that you could neither in honor, nor justice (nor yet in point of conscience) consent to such a Law? and would not your selves and all other protest, you had neither justice nor honesty in you, should you be so base and persidious as to condescend unto it to betray all those you had engaged, and to give them such a requitall for their services? Would any person ever after honor, serve or trust you, should you do it? or could you or any other honor, trust or serve the K. in any dubious imployment after this, if he should thus unworthily ex post facto betray his own party now? This answer therefore of his clearly discovers to us, that there is yet so much justice and honor in him, as by no fear or danger to consent to such an unjust and unworthy Act, as by a new Law to cut off the heads of those himself engaged in his service, when there was no Law extant then to do it, makes it more satisfactory unto me, then otherwise, and shews he doth not dissemble but is reall in his answers; and I shall sooner trust and beleeve him now, then if he had consented to such an unworthy act. 6ly, This answer is both just and honorable, because if the King should assent to a new Act to forfeit their lives and Estates, he should condemne them rashly and unjustly without hearing their defence or evidence.

And for the King to condemn any for Traytors by a Bil without hearing the cause or evidence against them, or to make men Traytors by a law subsequent to their offences, is neither just nor honorable in every p. 50just mans judgment, and of very dangerous president, as**4. Instir. …. 1. p. 37. 38. Sir Edw. Cook, informs us, the Lord Cromwell, the inventer of such Acts of Attainder, being the first that lost his head by this new invention. All which considered, there is no rationall man but must conclude, the Kings Answer unto this branch touching Delinquents, to be fully satisfactory even to your own demands, as well in words as substance, notwithstanding the Objections against it.

But admit the answer as bad as any have made it, shall we therefore conclude it so unsatisfactory as to break off the Treaty upon it, and involve the Kingdom in another War of which no man can know the end or issue? God forbid we should ever be so unadvised. The persons whose lives you desire for a Sacrifice to publick Justice, are but seven in number, fix of them out of your power in forraign parts, where a new war will not reach them: the 7th an aged man, who may chance to dye before judgment or execution pass against him: you have all their whole estates at your disposal already, and their persons too by way of banishment, during both Houses pleasure: And will you adventure another seven years war, and the losse perchance of seventy thousand mens lives, and as many millions of Treasure to the ruine of the Kingdome, for the bare lives of seven Delinquents only, or in truth of one alone, who is fully in your power, which you may take away by a legall tryall without a war? will not all the Kingdome, nay all the three Kingdomes, and whole world cry out upon you for such a frantick unadvised act as this? yea and for such an unjust and wicked resolution, to hazard the lives and shed the bloud of many thousand Innocents, and gallant men to take away the head of one or only of 7. vile Delinquents? the sparing of whose lives will**Sec 2 Chron. 28. 2. 10. 16.2 Chr 28:22 Chr 28:102 Chr 28:16 more conduce to settlement, and reall unity, then their deaths by the axe of Justice. For shame then let us not vote the Kings answer to this branch of Delinquents so unsatisfactory, as to break off and lose all upon it, since I have proved it fully satisfactory in all things to your own last demands.

As to the Delinquents specified in the 2d. and 3d. Qualification, the King and you are fully agreed. Besides, the King consents to the exclusion of the Delinquents specified in the first qualification from sitting in Parliament, being of his Councells, coming within the verge of his court, bearing any office, or having any imployment in the State, during the pleasure of both Houses. Thus far you are both agreed: only p. 51he desires this mitigation of their penalty in case they shall offend herein, that they may not be guilty of high Treason and uncapable of any pardon, and forfeit all their estates, nor that those who shall return from banishment without leave may incur so high a penalty, but a more moderate, sutable to the Law they shall offend. And to break only upon this excesse and extremity of punishment (too high even in many wise mens opinions for such offences, and of dangerous president to posterity, it being the wisdome of our Ancestors, to make as few**See Rastalls Abridgment, Tit. Treason. new treasons as possible, being only for the Kings advantage and peoples prejudice) when as a lesser penalty may as well, and sooner too, prevent the mischief, is neither safe nor prudent.

As for the compositions of such persons, the King only desires their moderation, if you think fit, even to such proportions as the Army it self in their proposals to him in Aug. 1647. thought reasonable; and if you please not to grant it, then he leaves them to compound at such rates as you and they shall agree: and those are only such as you have already fixed on in former compositions, from which you will not vary; and in case they will not compound at your rates, you have then the benefit of all their sequestred estates till their composition be made, which is your benefit and their losse. Therefore in this [though some have pleased without any colour of reason to assert the contrary] you are both fully accorded.

To the Delinquents in the fifth Qualification, the King consents to all your desires, with this exception only: That such Delinquent Ministers who are not scandalous in their lives or Doctrine, & are already sequestred, may injoy the third part of the profits of their Livings, for the support of them and their families, and be capable of future preferments if they be thought fit to enjoy them. This some have concluded very unsatisfactory, because it craves some little favour for Malignant Ministers: But I beseech you consider, how inconsiderable the difference is, and how just and charitable the Kings request is in their behalf. Your selves, both by Ordinance and common practise, grant the ful fifth of the profits of sequestred Livings to the Wives and Children of sequestred Ministers, as well in case of scandall and insufficiency, as Mulignity: the King desires only, that such who have bin sequestred meerly for Malignancy, and are not scandalous, may receive a third part in stead of a fifth, and for their future encouragement, having spent their time in fitting themselves for a Ministry, and being fit for no other calling, p. 52and having lost their former livings, he requests only, that in this scarcity of able Ministers, they may be capable meerly of future preferments, for which they shall be adjudged meet in such way as you shall appoint, not he or they. A just, a charitable request, and that which your selves have done, there being many able godly Ministers of eminent parts and exemplary life who have not been so clearly convinced in point of conscience, as to concur with you in the late Wars, for which they have been sequestred, and have since been better satisfied: and God forbid that such should be made utterly uncapable of the Ministry, and they and their families starve for want of bread. I beseech you therefore, of al other things let us not break with the King upon this Act of Charity, of Piety, lest all the world condemne us for uncharitablenesse, and judge the King to be more pious and charitable then we. And no doubt it will be the greatest charity to our selves, to our Church, our Religion, our Kingdom at this time, rather to close with the King in this particular, then hazard all for a few third parts, and to be as charitable as his Majesty. The more charity we shew, the greater unity, peace, amity, and better settlement we may expect.

But the greatest dissatisfaction of all (referred to this head of Delinquents) is in the Kings answers concerning his present recalling of Marquesse Ormonds Commission, to Treat with, and unite the Irish Rebels.

To which I answer: first, that this was no part of the propositions first sent, but a collaterall emergement discovered since the Treaty upon Col. Iones his letter, and so the unsatisfactorinesse of the Kings Answer as to this alone, can be no just cause or ground, to vote the other Answers unsatisfactory, or break off the Treaty.

2dly, The Kings granting of this Commission to Ormond at the time he did it, is no such hainous thing as many have made it, al circumstances considered. The King when the Army would not close with him upon their own tearms the last year who treated with him without your privity, and against your Orders, even then when they unjustly impeached the eleven Members for holding secret intelligence with him and his party (of which themselves were only culpable;) was shut up close Prisoner in Carisbrooke Castle in the Isle of Wight by their procurement, and by the Votes of both Houses (proceeding originally from the Officers and the Armies projection, promoted by their Declaration, and engagement to joyne with the Houses in setling the Kingdome without p. 53& against the K. and forcibly passed the Lords House by the Armies garrisoning White Hall, & billeting a Regiment of Horse in the Muse to terrifie them to a concurrence with the Commons) quite laid aside like a dead man out of minde, and no more addresses to be made to him by the Houses, or from him to them, and no accesse of any to him under pain of high Treason, without both Houses licence: the King in these extremities, the better to procure his own enlargement and the Kingdomes settlement by a Treaty, grants a Commission to Marquesse Ormond to unite the Irish forces then divided for the foresaid ends. Extremities certainly put honest and wisemen too [as the Armies friends grant] upon hard shifts for self-preservation, and this extremity put the King upon this of Ormond.

The King is flesh and blood as well as we, and nature teacheth him to use the best means he may for his own preservation, and deliverance in such a strait: The Army the last Summer refused to disband or suffer any of their forces to go for Ireland; to preserve and secure that Kingdome, only from this ground of self-preservation, upon which they would now enforce you by their REMONSTRANCE, and marching up to your doors with their forces, to break off the Treaty, or vote it wholly unsatisfactory… whence most Gent. that differ in opinion from me have made this their sole or chief argument that the Kings answers are unsatisfactory, because the Army else will not be satisfied. If then your own Army may thus disobey your votes, and force your consents, only upon a pretence of self-preservations and defence, when they are in no visible danger, the King by as good or better reason in this extremity of danger, might justly make use of Ormonds endeavours for his better safety and enlargement. And if some Members have affirmed in the House, (as hath been alleadged in this debate) that they would joyn with Turks or the worst of Nations, and call them in to their assistance rather then the King should come in by conquest: then the King by like reason might joyn with Ormond and the Irish, rather then be thus laid aside and destroyed. And what we our selves would do in his or the like condition, we cannot justly blame in him. Thirdly, The King did never absolutely deny the recalling of Ormonds Commission, but only suspended it til the Treaty ended, and if you then close with him, you have his engagement presently to recall it: if then you agree with him upon this… Treaty, your demand in this is granted, and danger prevented, but if you will not agree at all, it is very hard measure p. 54to presse the King to a present disadvantage, who is like to receive no advantage by you, nothing being obligatory on either side til all be concluded. In fine, the King hath so far condescended to satisfie you in his finall answer, as to write a letter to Ormond, to suspend the Execution of his Commission for the present, and engaged to revoke it so soon as you and he agree in future, and more then this, as the case stands, wee cannot well in justice require, and we should hardly grant so much were it our case as it is the Kings: and seeing all our dangers may be prevented by our agreement with the King, and this demand then fully granted, there is no reason to vote this unsatisfactory, when we may have all we desire if we please our selves. However: I see no such differences between the King and Us, in this of ORMOND and that of Delinquents, as to vote the finall answer to them and all the rest unsatisfactory and so to lose England, distressed Ireland, and all the former Concessions for an unconsiderable dissatisfaction in these two particulars.

The last Proposition relating to the security of the State,That Propositions concerning London fully granted, and the Consequences of it. is. That the City of London shall enjoy all their Rights, Liberties, Franchises, and usages in raysing and imploying the forces thereof, for its defence; in as full and ample manner as they used and enjoyed it heretofore. That the Militia and City and Liberties thereof, shall be in the Ordering and Government of the Lord Major, Aldermen, and Common-Councell, or such as they shall appoint, and be imployed and directed as both Houses shall direct; so as no Citizen, or forces of the City shall be compelled to go out of the City or Liberties for Military service without their own free consent. That an Act shall be passed for the granting and confirming of the Cities Charters, Customs, and Franchises, notwithstanding any Non-user, Misuser, or abuser, and for confirmation of all by-Laws and Ordinances made or to be made by the Lord Major, Aldermen, and common-councell concerning the calling, convening and regulating their Common-councell: That the Tower of London may be in the Government of the City, and the chief Governour thereof nominated and removeable by the Common-Councell… and all Propositions, which shall be further made and approved by both Houses consent, for the future welfare, and Government of the City, confirmed by Act of Parliament. To all which the King hath fully confented; so as his Answer thereto cannot be Voted unsatisfactory by any, but such who envy the Cities weal and security, that themselves may the better seize and trample on it, to its enslaving and ruin.

p. 55This Concession is, First, A great Honour to, and justification of your cause; the**Exact Collection p. 45. a Collection… &c. p. 33. 495. 496. City having beene more cordiall to, active for, and bountifull towards you upon all occasions and exigencies then all other parts of the Kingdome, the harbourers, and relievers of all who have fled from the Enemies tyranny thither, for safety or reliefe, yea the onelyonly Treasury to advance monies upon all exigencies, and those to whom (under God) you pricipally owe your victories and preservation. Now for the King to honour the City with such concessions as these, which hath beene most hurtfull to, and deepest engaged against him in this Warre, is almost as high and full (if not a greater) justification of, and countenance to your cause, as this consent to the first Proposition.

2dly, A great satisfaction to the City for all their services and expences, and a firm security against all future feares and sufferings for ingaging so deeply in your Cause.

3dly, An extraordinary Engagement to the City, faithfully to adhere to you and all succeeding Parliaments, upon the like cause and occasion, and to other Corporations to do the like.